Bronx Child Custody Attorney Archives

Q: My friend has an ex who wants to try to get primary custody. The child is almost 4 years old and has always lived with the mother. The ex doesnt make as much money as the mother, he is always broke, and has no bedroom or things for the child. He also wants to pull the child out of her preschool so that he doesn't need to pay the tution. He lives in the bronx and the mother lives in queens. He lives with his gf and their new baby. But she is the breadwinner. He was just placed on child support and it was more then he expected. He wants to try to get primary custody so as to get off of child support. Would he be able to get primary custody if the mother is a good mom and the child lives in a good area, in a nice apartment and has her own bedroom and things. The child is attached to both parents. If he can't get primary and he tries for joint, If he gets granted 50-50 physical custody would he still have to pay full child support to the mother in New York State?

Q: My ex-husband has custody of our 4-year-old son. However, since the order went into effect December 9th, 2017, he works two jobs and has no real time with our son. Our son is either with his girlfriend, other family members or in school. I get three weekends out of the month for visits, every Thursday 8pm to Sunday 2pm I want joint custody or sole custody, if possible, whereas he could legally physically live with me and his two sisters and my ex would actually have more time with him if we just gave him those three weekends a month but starting from Friday to Sunday due to school scheduling and such. We communicate failry well, well enough at least but he isnt being cooperative regarding information about our son and it's a bit childish. He misses his sisters, my daughters, and it would be in his best interest to be with them and to be taken care of by his parent and not pawned off on others. Is this real sufficient? Also, I've recently gotten into a 3 bedroom apartment via voucher, I'm on public assistance and I'm in school full-time during the day and I'm out before they get out of school.

Q: hi my ex says i got her pregnant so when she gave birth she put my last name on the babys birth certificate and one i didnt sign no paper there were mine and right now i was tested recently for a dna because i aint sure if there mines and we were never married or anything.

Q: I'm declared the legal father I'm not listed on the birth certificate and no custody order only child support she wants to travel for vacation I don't want to allow the child to go but can she get the passport or even travel without my consent help please.

Q: We have joint custody and I'm going a family vacation for 3 weeks but he refuses to sign but he isn't listed as the father on the birth certificate can I still obtain the passport with out him it's only interrupting one of his weekends what can I do please any advise would be good.

Q: I'm not with the mother of my kids, but I'm planning to move away with my girlfriend. The fact I love my kids and know the mother will try her best not to let me take them for at least vacations I would like to know what is there possible to do?

Q: My ex won full custody of our son on Dec 6th. The judge denied my request to vacate the order albeit didnt give me any chance to redeem myself or present any new documents. I missed the court date due to medical reasons and was treated very unfairly because of it. Also, I lived in a shelter during the court process and it was used against me apparently by "not being situated" which shoudnt even be an issue, considering I take care of my 2 other children. Now, with visitation in order, I see my son from Thursday at 8pm to Sunday at 2pm. His father works two jobs now, not before the order was in place and doesn't have time to spend with our son. He states it in our emails to each other and always requests different times to pick up or drop off our son. I will be attending school in January however our son will spend actual time with me AND his siblings, my two daughters and I have no scheduling issues for drop off or pick up. My son spends half of the work/school week with me already and cries a lot about missing myself and his sisters. I feel it's in his best interest to live with me and his father could actually get more parenting time if I have him with me.

Q: I am going through a custody case in Bronx, NY. I had a friend serve the defendant, but defendant claimed she was never served. Her son was served and yes he is over 18 and he does reside at the same address. This is due to child abuse, my friend has to go to court and testify that she did serve the son who is an adult. What will the family court due to the defendant or her adult son? The sons signature is on the doc stating that he did receive the papers.

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